To have benefits continued at the amount received prior to an adverse action the EU must:
- Request a fair hearing during the ten day adverse action period prior to the effective date of the change or closing. See section 0130.015.10 Advance Notice of Adverse Action Required.
- Remain eligible on all factors other than the issue in the fair hearing request.
EUs may specifically request that continued benefits not be issued or be discontinued pending a hearing decision.
NOTE: If the hearing decision affirms the FSD action, FSD will establish a claim for any benefits the EU or household was overpaid while waiting on the hearing decision.
EU’s benefits will continue at the amount authorized immediately before the adverse action, unless other factors that were not contested result in a benefit change. Benefits do not continue past the expiration of the Food Stamp certification period.
Benefits may be reduced or terminated prior to receiving the hearing decision when:
- The certification period expires. An EU may reapply and be found eligible for a new period with benefits calculated as if the hearing wasn’t pending.
- A mass change affecting the EU’s eligibility for benefits occurs while the hearing is pending.
- During the hearing regarding MO HealthNet benefits, it is determined by the hearings officer that the sole issue is one of Federal or State law or policy.